Legal Question in Immigration Law in California


I am a 34 y.o.male. I am Indian and am currently living in India. However, I am due for an L1 sponsorship later this year to California. I have been married for about 10 years and have a 7 y.o. son who both live with me in India.

I am keen on pursuing a divorce in the shortest possible time. At the same time I would like to sponsor a green card for my wife and son. How long will it take me to get a green card for myself? How long will it take for me to sponsor the green card for my wife (who will be on L2, she does not work) and child? I want to divorce and move the Green card application simultaneously.

I am aware that if I do file for divorce I may not be able to file for their green card. I have the following questions:

1. How is it possible to get a divorce in the shortest possible time while in the US?

2. How is it possible to ensure that I get them a green card status ASAP? She does have her immediate family (sister and father) in California, can they sponsor her Green card?

3. Her immediate family are citizens, will it take shorter time for them to sponsor her green card vs. for me to file. Again I also want to pursue the divorce ASAP and have my child around.

Any help will be greatly appreciated. Please advise!



Asked on 8/07/13, 1:44 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

With regards to your divorce & child custody questions, there is the issue of jurisdiction. You need to consult with a Family Law attorney in the State you will be residing in regarding dissolving your marriage & custody issues in the United States.

It could take a while for you (& your family) to get a greencard as a multinational executive or manager (or specialized skills worker), & your wife would not be eligible to apply as your derivative spouse once you apply for dissolution of the marriage. However, a child under 21 will always be eligible as your derivative.

As for your wife being sponsored by her relatives, even if you get divorced, it would still take about 7 years for her to get a greencard through a U.S. citizen parent, & 12 years through a U.S. citizen sibling.

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Answered on 8/07/13, 1:57 pm


Please call our office for a phone consultation to discuss your complicated situation.

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Answered on 8/07/13, 2:24 pm

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